State Responsibility For Breaches Of Investment Contracts PDF Download
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Author | : Jean Ho |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2018-10-25 |
Genre | : Law |
ISBN | : 1108244971 |
Download State Responsibility for Breaches of Investment Contracts Book in PDF, ePub and Kindle
There is a wealth of material that shapes the law of State responsibility for breaches of investment contracts. First impressions of an unsettled or uncertain law have thus far gone unchallenged. But unchallenged first impressions point to the need for a detailed study that investigates and analyses the sources, the content, the characteristics, and the evolution of this law. The argument at the heart of this monograph is that the law of state responsibility for breaches of investment contracts has carved a unique and distinct trajectory from the traditional route for the creation of international law, developing principally from arbitral awards, and mimicking, to a considerable extent, the general international law on the protection of aliens and alien property. This book unveils the remarkable journey of the law of state responsibility for breaches of investment contracts, from its origins, to its formation, to its arrival at the cusp of maturity.
Author | : Jean Qing Ying Ho |
Publisher | : |
Total Pages | : |
Release | : 2015 |
Genre | : |
ISBN | : |
Download State Responsibility for Breaches of Investment Contracts Book in PDF, ePub and Kindle
Author | : August Reinisch |
Publisher | : Cambridge University Press |
Total Pages | : 1633 |
Release | : 2020-07-16 |
Genre | : Law |
ISBN | : 1108882706 |
Download International Protection of Investments Book in PDF, ePub and Kindle
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Author | : Aikaterini Florou |
Publisher | : BRILL |
Total Pages | : 261 |
Release | : 2020-03-02 |
Genre | : Law |
ISBN | : 9004407472 |
Download Contractual Renegotiations and International Investment Arbitration Book in PDF, ePub and Kindle
In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the complex phenomenon of the renegotiation of investor-state contracts. The author reconstructs the relationship between those contracts and the overarching investment treaties using an original interpretative methodology based on transaction cost economics and relational contract theory.
Author | : Jola Gjuzi |
Publisher | : Springer |
Total Pages | : 545 |
Release | : 2018-12-05 |
Genre | : Law |
ISBN | : 3319972324 |
Download Stabilization Clauses in International Investment Law Book in PDF, ePub and Kindle
This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 473 |
Release | : 2015-04-16 |
Genre | : Business & Economics |
ISBN | : 1107096626 |
Download Resistance and Change in the International Law on Foreign Investment Book in PDF, ePub and Kindle
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
Author | : Jean Ho |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2018-10-25 |
Genre | : Business & Economics |
ISBN | : 1108415849 |
Download State Responsibility for Breaches of Investment Contracts Book in PDF, ePub and Kindle
This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.
Author | : Yuliya Chernykh |
Publisher | : International Litigation in Press |
Total Pages | : 632 |
Release | : 2022 |
Genre | : Law |
ISBN | : 9789004414679 |
Download Contract Interpretation in Investment Treaty Arbitration Book in PDF, ePub and Kindle
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author | : Katia Yannaca-Small |
Publisher | : Oxford University Press on Demand |
Total Pages | : 790 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0195340698 |
Download Arbitration Under International Investment Agreements Book in PDF, ePub and Kindle
Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.
Author | : Gabriel Bottini |
Publisher | : |
Total Pages | : 335 |
Release | : 2020 |
Genre | : |
ISBN | : 9781108714730 |
Download Admissibility of Shareholder Claims Under Investment Treaties Book in PDF, ePub and Kindle
This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.